Immigration Law
Immigration law refers to national government policies which control the phenomenon of immigration to their country.Immigration law, regarding foreign citizens, is related to nationality law, which governs the legal status of people, in matters such as citizenship. Immigration laws vary from country to country, as well as according to the political climate of the times, as sentiments may sway from the widely inclusive to the deeply exclusive of new immigrants.
Immigration law regarding the citizens of a country is regulated by international law. The United Nations International Covenant on Civil and Political Rights[1] mandates that all countries allow entry to its own citizens.
Certain countries may maintain rather strict laws which regulate the right of entry and internal rights once established: such as the duration of stay, the right to participate in government. Most countries have laws which designate a process for naturalization, by which immigrants may become citizens.
Nationality law is the branch of law concerned with the questions of nationality and citizenship, and how these statuses are transmitted, acquired, or lost.
By custom, states have the right to determine who its nationals are. Such determinations are usually made by custom, statutory law, or case law (precedent), or some combination. In some cases, determinations of nationality are also governed by public international law - for example, by treaties on statelessness and the European Convention on Nationality.
The rise in human migration between states has made nationality law more important and complex. Related topics include immigration law, refugee law, and political asylum law.
Permanent Residency Visas - Green Cards
Family Sponsored Immigration
U.S. citizens may petition for spouses, parents, children and siblings. Permanent residents may petition for spouses and children.EB-1 Foreign Nationals of Extraordinary Ability, Outstanding Professors and Researchers and Multinational Executives and Managers
Individuals in this category can petition for permanent residency without having to go through the time consuming labor certification process.EB-2 Workers with Advanced Degrees or Exceptional Ability in the Sciences, Arts or Business
Visa holders in this category normally must have a job offer and the potential employer must complete the labor certification process. The labor certification involves a testing of the job market to demonstrate that the potential visa holder is not taking a job away from a U.S. worker. In cases where an individual can show that his entry is in the national interest, the job offer and labor certification requirements can be waived.EB-3 Skilled Workers and Professionals
Visa holders in this category normally must have a job offer and the potential employer must complete the labor certification process.EB-4 Special Immigrant Visas for Religious Workers
Ministers of religion are eligible for permanent residency.EB-5 Investor/Employment Creation Visas
Under the 1990 Immigration Act, Congress has set aside up to 10,000 visas per year for alien investors in new commercial enterprises who create employment for ten individuals. There are two groups of investors under the program - those who invest at least 0,000 in "targeted employment areas" (rural areas or areas experiencing high unemployment of at least 150% of the national average rate) and those who invest ,000,000 anywhere else. No fewer than 3,000 of the annual allotment of visas must go to targeted employment areas.DV-1 Visas (the "Green Card Lottery")
55,000 visas are annually allotted in a random drawing to individuals from nations underrepresented in the total immigrant pool.Refugee and Asylum Applications
Persons with a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion may be eligible to apply for asylum or refugee status in the U.S.Temporary Visas
B-1/B-2 Visitor's Visas
Foreign nationals wishing to conduct business activities in the U.S. for one year or less must prove to consular and border officials they are entering the U.S. temporarily on behalf of an established foreign company.A letter from the foreign or U.S. company explaining the reasons for the visitor's stay, providing specific details of the trip, and affirming that the visitor has the financial means to complete the travel as planned may assist in issuance of the visa.
A B-1 visa holder cannot engage in salaried employment in the U.S., nor can he or she engage in freelance work or be employed as an independent contractor.
Visitors from designated countries who meet eligibility requirements for the Visa Waiver Program may stay in the U.S. for up to 90 days without first requiring issuance of an entry visa, but then may not extend or change their status.
E-1/E-2 Treaty Trader and Investor Visas
Investors and traders and their employees may receive visas to carry on their businesses in the U.S. if their home country has a commercial treaty with the US conferring visa eligibility.F-1 and M-1 Student Visas
Persons seeking to pursue a full course of study at a school in the United States may be eligible for a visa for the course of their study plus, in some cases, a period for practical training in their field of study.H-1B Specialty Occupation (Professionals) Visas
U.S.-based companies may apply for H-1B classification on behalf of foreign nationals in most professional occupations, including engineers, computer scientists, financial analysts, and others with a Bachelor's Degree or its equivalent.The maximum length of stay in the U.S. is six years, although the stay of an H-1B worker may be extended for an additional year if a pending Labor Certification or Form I-140 was filed on the worker's behalf more than 365 days prior to the end of the sixth year in H status.